E/C.12/GTM/CO/3
Informal labour and domestic work
15.
The Committee notes with concern the large number of workers in the State party
who are employed in the informal sector of the economy. The Committee regrets the
existence of the special regime for domestic employees, which restricts a number of labour
rights which are statutory for other workers (arts. 6 and 7).
The Committee urges the State party to continue doing everything possible to reduce
the informal sector of the economy in order to encourage work in the formal sector
and thus ensure that all workers are able fully to enjoy their economic and social
rights. The Committee recommends that steps be taken to ensure full legal protection
for workers, regardless of the sector in which they are employed. It also recommends
that the State party ratify the ILO Domestic Workers Convention, 2011 (No. 189) and
its Domestic Workers Recommendation, 2011 (No. 201).
Trade union rights
16.
The Committee is concerned about the existence of restrictions on the exercise of the
right to form trade unions and to exercise trade union rights. The killings of numerous trade
unionists, the perpetrators of which often go unpunished (art. 8), are of particular concern to
the Committee.
The Committee recommends that the State party take steps to ensure that the right to
form trade unions and to exercise trade union rights are respected, as established in
article 8 of the Covenant. It further recommends that the State party take effective
measures to ensure that workers are protected from any reprisals on account of their
involvement in trade unions. The Committee urges the State party to investigate all
cases of killings of trade unionists and to punish the perpetrators.
Social security
17.
Despite the Committee’s previous recommendation (E/C.12/1/Add.93, paras. 17 and
35) and the incentives introduced by the State party to increase the number of persons
registered with the Guatemalan Social Security Institute, the Committee notes with regret
that only 22.1 per cent of workers are covered by the State party’s social security system. In
particular, the Committee regrets the State party’s failure to ensure social security coverage
for agricultural and domestic workers (art. 9).
The Committee recommends that the State party take the necessary measures to
guarantee broad social coverage that ensures appropriate benefits for all workers,
including agricultural and domestic workers, taking into consideration the
Committee’s general comment No. 19 (2008) on the right to social security (article 9 of
the Covenant). The Committee also recommends that the State party consider
establishing social protection floors (see the ILO Social Protection Floors
Recommendation, 2012 (No. 202)) for the realization of the right to social security.
Economic exploitation of children
18.
Despite the reduction in child labour, the Committee reiterates its concern about the
continuing economic exploitation of children in the State party, especially in agricultural
and domestic services (E/C.12/1/Add.93, paras. 20 and 38). The Committee notes with
concern that the poverty of rural households and limited access to secondary education
increase the risk of child labour (art. 10).
The Committee encourages the State party to redouble its efforts to combat the
problem of child labour by means of an emergency plan. It urges the State party to
conduct systematic labour inspections and to implement public policies aimed at
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